Decision details
Public Rights of Way - Application for Definitive Map Modification Order, Alleged Public Footpath, Main Street to North Lane (Love Lane), Wheldrake
Decision Maker: Decision Session - Executive Member for City Strategy
Decision status: Decision Made
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
Purpose of report:
DMMO has been received to add a footpath to the definitive
map.
Members are asked to: The Executive Member will be required to
consider the evidence received and asked to follow the officer's
recommendation, based on the evidence received to date, and make
the order.
Decision:
RESOLVED: i) That the Executive Member agrees that public rights are reasonably alleged to exist;
ii) The Executive Member resolves that
(a) The Director of City Strategy be authorised to instruct the Head of Legal Services to make a Definitive Map Modification Order to add a public footpath, along the route A – B on Plan 1 attached at page 76 of the report, to the Definitive Map;
(b) If no objections are received, or any objections that are received, are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order made in accordance with (a) above; or
(c) If any objections are received, and not subsequently withdrawn, the Order be passed to the Secretary of State for confirmation.
REASON: There is evidence in support of the existence of a public right of way over the application route thus requiring the authority to make the order under the Wildlife and Countryside Act 1981, Section 53 (3)(c)(i).
Publication date: 03/02/2010
Date of decision: 02/02/2010
Decided at meeting: 02/02/2010 - Decision Session - Executive Member for City Strategy
Effective from: 05/02/2010
Accompanying Documents: